Genealogy searches-missing beneficiaries

Missing beneficiaries, unknown entitled beneficiaries or missing executors are some of the situations which can delay administration of a deceased’s estate.

This page lists some resources where enquiries might be made to begin resolving difficulties of this nature. Alternatively it may be easier to engage a specialist genealogist who has done this type of work before, to undertake the search instead.

Genealogy is about tracing a person’s relatives, their family tree by researching family history to find out who their forebears and descendants are.

As mentioned, situations where administration is held up can be where

The executor cannot be found.

One or more named beneficiaries cannot be found. This might be for a variety of reasons. For example when a child becomes estranged from their parents and contact has been lost.

A gift under the will is to a class of persons, it is unclear who comes within that class and so entitled to share in the gift. Has anyone been left out, are all potential beneficiaries alive, and what is their current address? How can they be identified with certainty – and to the probate court’s satisfaction?

A beneficiary has died but no substitute was named, and there are no other immediate relatives known, who will be entitled to inherit the deceased’s assets?

Some potential beneficiaries may be living overseas, relatives with whom contact has been lost – who are they and are they alive?

A deceased died intestate, or left a home-made (informal) will of some form, was born overseas, divorced then migrated to Australia. Whether any subsequent relationships were formed and were any children born of that relationship who may claim?

An unmarried deceased migrated to Australia, died intestate leaving no relatives here, whether there were any de facto relationships here or in the country of birth, any children, and whether there are other relatives overseas?

Executor and administrator obligations

Among the legal obligations on an executor as part of their duties, it the obligation to identify and locate all the beneficiaries entitled under the will, or if no will, according to the laws of intestacy (in which case it is the job of the administrator). Executors are also under an obligation to identify all the assets of a deceased person, and as soon as possible.

The Australasian Association of Genealogists and Records Agents
They provide listings of genealogists and record agents by state and territory who offer family history and genealogy services as well as general record searching: http://www.aagra.asn.au/.

Legal genealogists Worthington Clark at https://www.worthingtonclark.com/ provide genealogy and asset research services including beneficiary and executor location research, including relatives entitled under the laws on intestacy.

The Society of Australian Genealogists – SydneyThe oldest family history society in Australia is the Society of Australian Genealogists in Sydney, at https://www.sag.org.au/. They state that they provide research services on request for tracing family history using their records for members and non-members. The service for non-members attracts a fee after a free time period.

Alternatively the Society provides a list of genealogists across Australia who offer genealogy searching services for a fee. To see the current list visit https://www.sag.org.au/search/our-services.html and click on “Hire a Researcher”.

Government Registries of Births, Deaths, Marriages, Name Changes and Relationships.

Each State and Territory maintains a public registry for the recording of life events occurring in that jurisdiction, namely births, deaths, marriages, and name changes. A document is issued to certify the event. In some jurisdictions registers of relationships are now kept, for example in South Australia, Victoria (a domestic relationship), Queensland (civil partnership) and Tasmania.

Researching family history

Most Registries provide an online searching service for those researching their family history. Searching may or may not be free, depending on what information, how far back in time and what life event certificate is sought, as records are restricted to certain periods of time.

There are strict requirements to be met around accessing records to protect privacy and concerns about identity theft.

If the information is to be used as evidence in court proceedings, it must be an official record of that registry, so its preferable to seek legal advice. See links below to some state and territory registries.

Divorce, adoption, change of gender, overseas deathAdoption, divorce and changes to gender may be recorded as well. For Australians who die overseas, a death certificate would ordinarily be issued by the relevant authority at the place of death.

The New South WalesRegistry of Births, Deaths and Marriages is athttps://www.bdm.nsw.gov.au/.
Records which may be searched are restricted. for births, over 100 years, deaths over 30 years and marriages over 50 years. If you don’t want certified copies of certificates, you can use the services of family history transcription agents.

Legal personal representatives may search for whether or not the deceased had children.
In NSW, the law (s 50 of the Births, Deaths and Marriages Registration Act 1995, below), provides for an executor, administrator or trustee of a deceased estate to conduct a search of the register as to whether or not the deceased is recorded as being a parent of any children in NSW, and if so their names.

Another source are the death notices using the Ryerson Index https://www.ryersonindex.org/. This is an Australian index of death notices which have appeared in Australian newspapers, in particular from New South Wales, the State where it was established. Searching is free, at least at the time of writing.

The State Archives and Records Authority of New South Wales (NSW State Archives and Records) https://www.records.nsw.gov.au/. The Authority has records on Family History, Probate and Wills. Probate packets contain the original will with any other probate documents, including codicils.

Lawyers sometimes seek independent verification from genealogist researchers to verify the accuracy of a family tree, so as to reduce the potential for mistakes and any omissions.

B Stead
BHS Legal
15 October 2018

Important notice:This article is intended for general interest and information only. It is not legal advice, nor should it be used as a substitute for legal advice. Always consult a legal practitioner and/or other professional for specialist advice specific to your needs and circumstances, and rely on that.

WillsHub is intended for general information and interest only on Australian succession and inheritance law. It is not legal advice nor should it be relied upon as such. Everyone's situation is unique, however it may seem like another's. Readers should seek their own professional advice specific to their circumstances and rely on that. Please read the Terms of Use.